Property disputes in Scotland

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Q&As
In principle, equity follows the law and rights which a party can have at law are, broadly, capable also of existing in equity. Accordingly, a right...
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Produced in partnership with Desmond Kilcoyne 19th May
Q&As
When purchasing property (either freehold or leasehold, residential or commercial), usually a deposit is payable on exchange of contracts, which will...
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Produced in partnership with Kate Andrews of Hamlins 19th May
Practice notes
A surrender by operation of law (or ‘implied surrender’) occurs when the unequivocal conduct of both parties is inconsistent with the continuation of...
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19th May
Practice notes
This Practice Note provides guidance on claims for ‘use and occupation’ or mesne profits, and how and when double rent or double value can be...
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19th May
Practice notes
This Practice Note explains how to ascertain the location of property boundaries: the general boundaries rule that applies to HM Land Registry title...
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19th May
Q&As
This Q&A addresses the question of when a landlord, having served notice on a former tenant or a guarantor for payment of arrears pursuant to the...
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Produced in partnership with Alex Campbell of Arden Chambers 19th May
Practice notes
This Practice Note sets out what interim rent is, when an interim rent application can be made under the Landlord and Tenant Act 1954 (LTA 1954) and...
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19th May
Practice notes
This Practice Note considers the remedy of rectification for unilateral mistake. For rectification for common mistake, see Practice Note:...
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19th May
Practice notes
This Practice Note summarises the light obstruction notice (LON) procedure, explains the 19 years and 1 day rule and its relevance in respect of...
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19th May
Practice notes
Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...
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19th May
Q&As
Pursuant to section 12 of the Torts (Interference with Goods) Act 1977 (T(IG)A 1977), involuntary bailees of goods are afforded the ability to sell...
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Produced in partnership with Georgia Whiting of 4 King’s Bench Walk 19th May
Practice notes
This Practice Note discusses issue that arise in proprietary estoppel in a property context. For a general discussion of proprietary estoppel, see...
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19th May
Q&As
Assuming that the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996) claim is to proceed as a CPR 7 claim (a CPR 8 claim—for which...
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Produced in partnership with Desmond Kilcoyne of 42 Bedford Row 19th May

Most recent Property disputes in Scotland content

Practice notes
Inhibition in Scottish civil litigationThis Practice Note considers the position in Scotland. For guidance on:•other forms of diligence in Scottish...
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Produced in partnership with Julie Hamilton of MacRoberts LLP 13th Sep
Practice notes
Enforcement in Scottish civil litigationThis Practice Note considers enforcement in Scotland. For guidance on:•other aspects of Scottish civil...
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Produced in partnership with Julie Hamilton of MacRoberts LLP 13th Sep
Practice notes
Jurisdiction in Scottish civil litigationBrexit: The UK's departure from the EU has implications for practitioners considering which courts have...
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Produced in partnership with Dr Kirsty Hood QC of Themis Advocates 13th Sep
Practice notes
The Lands Tribunal For Scotland (LTS)—Procedure and applications to vary or discharge title conditionsCoronavirus (COVID-19): During the current...
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Produced in partnership with Andrew Todd of Springfield Properties plc 13th Sep
Practice notes
Coronavirus (COVID-19)—Scotland trackerThis table below contains an archive of news analysis on Scotland and Scots law developments of general...
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10th Sep
Practice notes
First Tier Tribunal for Scotland (housing and property chamber)Coronavirus (COVID-19): During the current pandemic, legislation, guidance and changes...
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Produced in partnership with Fiona Cameron of Gillespie Macandrew LLP 7th Sep
Practice notes
Licences to occupy commercial premises in ScotlandDifferences between leases and licences to occupyLeasesA lease in Scots law has been defined as ‘a...
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Produced in partnership with Mark Davenport of DLA Piper 7th Sep
Practice notes
Coronavirus (COVID-19) implications for dispute resolution in ScotlandThis Practice Note provides guidance on how the Scottish civil courts are...
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2nd Sep
Practice notes
Remedies in landlord and tenant disputes—ScotlandThe main remedies available in the context of landlord and tenant disputes in Scotland...
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Produced in partnership with Gavin Deeprose of DLA Piper and Alistair Drummond of DLA Piper 23rd Aug
Practice notes
Interdict and interim interdict in Scottish civil litigationThis Practice Note considers the position on interdict and interim interdict in Scotland....
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Produced in partnership with Jim Cormack of Pinsent Masons 19th Aug
Practice notes
Pre-action requirements in Scottish civil litigationThis Practice Note considers pre-action conduct in general civil disputes in Scotland. For...
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Produced in partnership with Euan McSherry of Aberdein Considine 18th Aug
Practice notes
Recovering rent, arrears and rates considerations in ScotlandCoronavirus (COVID-19): During the current pandemic, legislation, guidance and changes to...
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Produced in partnership with Gavin Deeprose of DLA Piper and Alistair Drummond of DLA Piper 18th Aug
Practice notes
Property disputes in Scotland (delictual and statutory)STOP PRESS: The Prescription (Scotland) Act 2018 (P(S)A 2018) received Royal Assent on the 18...
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Produced in partnership with Alistair Drummond and Louise Reid of DLA Piper Scotland LLP 17th Aug
Practice notes
Irritancy in commercial leases—ScotlandCoronavirus (COVID-19): During the current pandemic, legislation, guidance and changes to practice and...
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Produced in partnership with Gavin Deeprose of DLA Piper and Alistair Drummond of DLA Piper 16th Aug
Practice notes
Property disputes in Scotland—negligence and trespassThe most common types of delict to arise in property disputes are negligence, nuisance and...
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Produced in partnership with Alistair Drummond and Louise Reid of DLA Piper Scotland LLP 16th Aug
Practice notes
Bringing a residential tenancy to an end in ScotlandCoronavirus (COVID-19): During the current pandemic, legislation, guidance and changes to practice...
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Produced in partnership with Gavin Deeprose of DLA Piper 13th Aug
Practice notes
Disputes in assignation and subletting leases in ScotlandAssignation and sublettingAssignation and subletting are two options which a tenant may use...
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Produced in partnership with Rebecca Roberts of DLA Piper Scotland LLP 13th Aug
Practice notes
Enforcing standard security Scotland—voluntary surrender, court proceedings and insolvency processesCoronavirus (COVID-19): During the current...
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Produced in partnership with Alistair Drummond of DLA Piper 13th Aug
Practice notes
Lease break option disputes—ScotlandBreak clausesA break clause is a term in a lease which permits the landlord or the tenant to terminate a lease...
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Produced in partnership with Gavin Deeprose of DLA Piper and Alistair Drummond of DLA Piper 13th Aug
Practice notes
Enforcing standard security Scotland—default events, creditor’s rights and service of noticesCoronavirus (COVID-19): During the current pandemic,...
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Produced in partnership with Alistair Drummond of DLA Piper 13th Aug

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